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Retributive Justice

Retributive Justice. Module 2: Philosophies. What is it? – Definitions. Retribution Something given or inflicted in requital Justice Judgment involved in the determination of rights and the assignment of rewards and punishments. What is it? – Definitions .

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Retributive Justice

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  1. Retributive Justice Module 2: Philosophies

  2. What is it? – Definitions • Retribution • Something given or inflicted in requital • Justice • Judgment involved in the determination of rights and the assignment of rewards and punishments

  3. What is it? – Definitions • In essence, retributive justice is the form of justice which we commonly associate with the modern legal system • Where the punishment meted out is of the appropriate level to the offence • A classic example of such is a life for a life • The death penalty being meted out to murderers

  4. The Utilitarian Perspective • Utilitarianism is the concept of measuring the moral worth of an object by how much good it achieves • The greatest good for the greatest number of people • Thus, from the utilitarian perspective, retributive justice is the optimal form of justice as it creates the greatest good for the greatest number of people • Restitution for the victims of the offender • Closure for victims • Repayment for damages • Less wastage of taxpayer money • Jails are usually state operated and run on taxpayer money

  5. However… • The greatest good for the greatest number of people is in itself flawed in the concept

  6. Hence, the Dilemma • A dilemma then comes into the equation, of whether retributive justice is true justice • When does retribution cross the line to become vengeance? • Is retributive justice merely a “crowd-pleaser”?

  7. Case Study – Colin Campbell Ross • In a trial from 20th February 1922 to 24th April 1922, an Australian Court found Colin Campbell Ross to be guilty • Colin Campbell Ross was then convicted and hanged for the murder of Nell Alma Tirtschke • He slowly strangled for forty minutes before he died due to the testing of a new rope

  8. However… • Forensic evidence of that time proved that Colin Campbell Ross was NOT guilty of the crime

  9. Why? • This leads us to question, why then would the court convict someone of a crime as serious as murder?

  10. Because… • The Colin Campbell Ross trial attracted a lot of public attention • Despite the forensic evidence, the court was swayed in its decision by the public pressure for Colin Campbell Ross to be executed • The public was roused into a frenzy due to media sensationalization

  11. Consequences • This shows clearly how even the court can err on the side of injustice due to the utilitarian principles behind retributive justice

  12. Thus… • We must conclude that retributive justice is not necessarily the best form of justice despite its utilitarian basis • As by following the desires of the majority, we compromise the integrity of the legal system

  13. END of presentation

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